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HomeMy WebLinkAboutWA-99-197500 West 29th Avenue The City of Wheat Ridge, Colorado 80215 Wheat FAX 303/235-2857 July 28, 1999 Mr. Daubenspeck 8630 W. 46' Avenue Wheat Ridge, CO 80033 RE: WA-99-19 Dear Mr. Daubenspeck: Ridge Please be advised that at its meeting of July 22, 1999, the Board of Adjustment APPROVED your request for an 11' variance from the 30' front yard setback requirement for an attached carport at 8630 W. 46`h Avenue. Attached is a copy of the Certificate of Resolution stating the Board's decision which became effective the date of the meeting, July 22, 1999. Should you decide to appeal the decision of the Board, you will need to notify the Jefferson County district court in writing within 30 days of the Board's decision. Please feel free to contact me at (303) 235-2846 if you have any questions. Sincerely, Barbara Delgadillo Senior Secretary /bd cc: WA-99-19 C:'Barbara\B0A\C0RRESP\wa9919.wpd CERTIFICATE OF RESOLUTION I, Ann Lazzeri, Secretary to the City of Wheat Ridge Board of Adjustment, do hereby certify that the following Resolution was duly adopted in the City of Wheat Ridge County of Jefferson, State of Colorado, on the 22nd day of July, 1999. CASE NO. WA-99-19 APPLICANT NAME: Forest and Barbara Daubenspeck LOCATION: 8630 West 46th Avenue Upon a motion by Board Member ABBOTT and second by Board Member BROWN, the following resolution was stated: WHEREAS, the applicant was denied permission by an administrative officer; and WHEREAS, Board of Adjustment Application Case No. WA-99-19 is an appeal to this Board from the decision of an administrative officer; and WHEREAS, the property has been posted the fifteen days required by law, and in recognition that there were no protests registered against it; and WHEREAS, the relief applied for may be granted without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case No. WA-99-19 be, and hereby is, APPROVED. TYPE OF VARIANCE: A request for an 11-foot front yard setback variance to the 30- foot front yard setback requirement to allow an existing carport to remain at 8630 West 46th Avenue. FOR THE FOLLOWING REASONS: Approval of this request will allow for additional covered parking on a property which does not provide much area for development alternatives with a lot width of 60 feet. 2. As a structure open on three sides, approval of this request should not impair the adequate supply of light and air to adjacent properties. Resolution No. WA-99-19 Page 1 3. As a structure open on three sides, approval of this request should not alter the essential character of the locality. 4. The variance does not create any additional outside parking space beyond which currently exists. 5. From an aesthetic standpoint, this structure blends well into the primary structure and setbacks are, in general, not uniform throughout this neighborhood. 6. It could be reasonably be argued that this carport presents an aesthetic improvement within the neighborhood. WITH THE FOLLOWING CONDITIONS: 1. The carport structure may never be enclosed without further review and approval by the Wheat Ridge Board of Adjustment. 2. This structure must meet all building code standards. VOTE: YES: ABBOTT, BROWN, ECHELMEYER, HOWARD, HOVLAND,MAURO NO: NONE ABSENT: JUNKER, THIESSEN DISPOSITION: An 11-foot front yard setback variance to the 30-foot front yard setback requirement to allow an existing carport to remain at 8630 West 46th Avenue was APPROVED. ADOPTED and made effective this 22nd day of July, 1999. BOB HOWARD, CHAIR Board of Adjustment Ann Lazzeri, Secretary Board of Adjustment C:\Bwb=\BOA\RESOS\ W A9919.wpd Resolution No. WA-99-19 Page 2 CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of Meeting July 22, 1999 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chair HOWARD at 7:30 p.m. on July 22, 1999, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Members Present: Tom Abbott Michelle Brown Bill Echelmeyer Bob Howard Paul Hovland (arrived at 7:35 p.m.) Linda Mauro Members Absent: Susan Junker (excused) Karen Thiessen (excused) Staff Present: Sean McCartney, Planner Ann Lazzeri, Secretary The following is the official set of Board of Adjustment minutes for the Public Hearing of July 22, 1999. A set of these minutes is retained both in the office of the City Clerk and in the Department of Planning and Development of the City of Wheat Ridge. 3. APPROVE THE ORDER OF THE AGENDA It was moved by Board Member ECHELMEYER and seconded by Board Member BROWN that the agenda be approved as presented. The motion passed by a vote of 5-0 with Board Members HOVLAND, JUNKER and THIESSEN absent. 4. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing on the agenda.) There was no one signed up to speak. 5. PUBLIC HEARING A. Case No. WA-99-19: An application by Forest and Barbara Daubenspeck for approval of an 11' front yard setback variance to the 30' front yard setback requirement to allow an existing carport to remain at 630 West 46th Avenue. Said property is zoned R-IC. (Board Member HOVLAND arrived at 7:35 p.m.) This case was presented by Sean McCartney. He reviewed the staff report, presented slides and overheads of the subject property and answered the ten criteria involved in granting a variance. All pertinent documents were entered into the record. He advised that all notification and posting requirements had been met and the Board had jurisdiction to hear the case. Chair HOWARD questioned the posting stating that it was not apparent when he drove by the subject property earlier in the day. Board Member ECHELMEYER commented that the notice was posted in the applicant's window which made it very difficult to see from the street. Following discussion regarding the location of such notices, Mr. McCartney advised the Board that he would remind appropriate staff members that applicants are to post their notices as close to the front property line as possible. Mr. McCartney continued his presentation and stated that the applicant was unaware of his need for a building permit before he began construction of the carport. A city building inspector noticed the construction and placed a stop-work order until the proper building permit was obtained. It was discovered at this time that a setback variance would also be required to allow the structure. Appropriate neighbors were notified of this hearing and no objections have been expressed to the city. In conclusion, Mr. McCartney advised the Board that staff recommended approval of the application because it will allow additional covered parking on a property that does not allow for much development opportunity. Further, the structure does not impair adequate supply of light and will not be a detriment to the public welfare. In response to a question from Board Member ECHELMEYER, Mr. McCartney replied that, should the variance be approved, the applicant would be required to obtain a building permit. Forest Daubenspeck 8630 West 46th Avenue Mr. Daubenspeck was sworn in by Chair HOWARD. He stated that his primary reason for building the carport was to protect his car from sap drippings that originate from his neighbor's trees. Board Member ECHELMEYER asked the applicant if he planned to enclose the carport at any time in the future. Mr. Daubenspeck replied that he did not have any plans to enclose the carport. Board member ECHELMEYER commented that he would vote in favor of the variance because he believed the subject carport presents an enhancement to the neighborhood. Upon a motion by Board Member ABBOTT and second by Board Member BROWN, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Board of Adjustment Minutes Page 2 July 22,1999 Whereas, Board of Adjustment Application Case No. WA-99-19 is an appeal to this Board from the decision of an administrative officer; and Whereas, the property has been posted the fifteen days required by law, and in - recognition that there were no protests registered against it; and Whereas, the relief applied for may be granted without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. Now, therefore, be it resolved that Board of Adjustment Application Case No. WA-99- 19 be, and hereby is, approved. Type of Variance: A request for an 11-foot front yard setback variance to the 30-foot front yard setback requirement to allow an existing carport to remain at 8630 West 46th Avenue. For the following reasons: 1. Approval of this request will allow for additional covered parking on a property which does not provide much area for development alternatives with a lot width of 60 feet. 2. As a structure open on three sides, approval of this request should not impair the adequate supply of light and air to adjacent properties. As a structure open on three sides, approval of this request should not alter the essential character of the locality. 4. The variance does not create any additional outside parking space beyond which currently exists. 5. From anaesthetic standpoint, this structure blends well into the primary structure and setbacks are, in general, not uniform throughout this neighborhood. 6. It could be reasonably be argued that this carport presents an aesthetic improvement within the neighborhood. With the following conditions: _ The carport structure may never be enclosed without further review and approval by the Wheat Ridge Board of Adjustment. 2. This structure must meet all building code standards. Board of Adjustment Minutes July 22, 1999 The motion passed by a vote of 6-0 with Board Members JUNKER and THIESSEN absent. Chair HOWARD informed the applicant that his request for variance had been granted. 5. CLOSE THE PUBLIC HEARING Chair HOWARD declared the public hearing to be closed. 6. OLD BUSINESS A. Joint Board of Adjustment/Planning Commission Study Session - Board Member ABBOTT. asked if a date had been set for this meeting. Mr. McCartney stated that he was not aware that a date has been scheduled; however, information will be included in the Board's packet when a date is set. 7. NEW BUSINESS A. Approval of Minutes of June 24. 1999 - Board Member MAURO requested an amendment to the last two paragraphs of page 8 as follows: THIESSEN should be replaced with MAURO. It was moved by Board Member HOVLAND and seconded by Board Member MAURO to approve the minutes as amended. The motion passed by a vote of 6-0 with Board Members JUNKER and THIESSEN absent. 8. ADJOURNMENT It was moved'by Board Member MAURO and seconded by Board Member ECHELMEYER to adjourn the meeting at 8:05 p.m. The motion passed by a vote of 6-0 with Board Members JUNKER and THIESSEN absent. BOB HOWARD, Chairman Board of Adjustment CABubwa\BOA\ I999mins\990722mpd Ann Lazzeri, Secr tar Board of Adjustment Board of Adjustment Minutes July 22, 1999 PUBLIC HEARING SPEAKERS' LIST CASE NO:~ l 9 DATE: July 22, 1999 REQUEST j~pL/c /fTio,U % Y ~v2c5T 4ird ~c~ ~Q</✓l-eAS /=U2~ . //'-7UO~ 7 anf 5P7` C 'a<a 4l/0 ~c..~ ni o /'t°~/uc:i+ LE..t- gG 30 LJ. Y~ fG.J //cam Speaker Name (PLEASE PRINT) Address/Phone In Favor / Opposed CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING: July 22, 1999 DATE PREPARED: July 14, 1999 CASE NO. & NAME: WA-99-19\ Daubenspeck CASE MANAGER: Sean McCartney ACTION REQUESTED: Request for approval of an 11' front yard setback variance to the 30' front yard setback requirement. LOCATION OF REQUEST: NAME & ADDRESS OF APPLICANT(S) 8630 West 46' Avenue Forest and Barbara Daubenspeck 8630 West 46' Avenue Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER(S) Same APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: SURROUNDING ZONING: SURROUNDING LAND USE: DATE PUBLISHED: DATE POSTED: DATED LEGAL NOTICES SENT: 6,600 square feet Residential-One C Single Family Residential N: Residential-One C and Residential-Three, S: Residential-Three, E: and W: Residential-One C N: Multi-family, S: W:, and, E: Residential-One C July 2, 1999 July 7, 1999 July 2, 1999 ENTER INTO RECORD: 0 COMPREHENSIVE PLAN (X) ZONING ORDINANCE 0 SUBDIVISION REGULATIONS (X) CASE FILE & PACKET MATERIALS (X) EXHIBITS 0 OTHER JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. ~_l I. REQUEST The applicant is requesting approval of an 11' front yard setback variance to the 30' front yard setback requirement to allow an existing carport to remain on site. If the variance is approved, the carport would remain 19' from the front property line. This request was initiated as a stop work order which was issued by the Wheat Ridge Building Division. The applicant had constructed the carport without approval of a valid building permit. The applicant apparently was unaware of a need for a building permit for the construction of the carport. Staff then informed the applicant that the carport was in violation of the 30' front yard setback requirement established in the Restricted-One C zone district. Approval of this request is required to allow for the carport to remain in place. To date, staff has not received any opposition regarding this case. II. SITE PLAN The property in question is located on the south side of West 46`h Avenue, between Dudley Street and Dover Street. To the rear of the property is the Clear Creek Open Space. The property currently measures 60' wide by 110' deep. Most of the properties located on the south of West 46th Avenue have similar measurements, and have single-car attached garages. The existing single-family residence currently has a single-car garage, which was once a carport. The applicant intends on parking in front of the garage, in a tandem arrangement, to allow for two vehicles to be covered. Due to the property size, and the placement of the existing structure, the applicant would have to remove the existing single-car garage and some living space behind the garage, to allow for the placement of a two-car detached garage in the backyard. III CRITERIA Staff has the following comments regarding the criteria to evaluate an application for a variance: 1. Can the property in question yield a reasonable return in use, service, or income if permitted to be used only under the conditions allowed by regulation for the District in which it is located? Yes. If the request is denied, the property could continue to be used as a single family residence and yield a reasonable return in service and income. 2. Is the plight of the owner due to unique circumstances? No. There aren't any unique circumstances attributed to this request. 3. If the variation were granted, would it alter the essential character of the locality? Yes. Approval of this request would allow for one of the only carports to be located within the required front yard setback. However, because of some existing varied setbacks throughout the 4-at_ neighborhood, this structure does not create a negative aesthetic impact. 4. Would the particular physical surrounding, shape, or topographical condition of the specific property involved result in a particular hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out? No. The property currently exists as a primarily rectangular lot. Also, the property is topographically flat and does not create any construction hardships. 5. Would the conditions upon which the petition for a variation is based be applicable, generally, to other property within the same zoning classification? Yes. Any property owner in the City may apply for the same type of variance. However, each request is reviewed on a case by case basis, thus the outcome may not be the same. 6. Is the purpose of the variation based exclusively upon the desire to make money out of the property? No. The purpose of the request is to allow for additional covered parking for a house which currently has only a single-car garage. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? Yes. The hardship has been created by the applicant who has sole interest in the property. 8. Would the granting of the variations be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located? No. Because the structure in question is an open carport, and is currently located 19' from the front property line and at least 5' from the southern side property line, approval of this request should not be detrimental to the public's welfare nor injurious to other property improvements. 9. Would the proposed variation impair the adequate supply of light and air to adjacent property or substantially increase the congestion in the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood? No. As previously stated, the structure in question is open on 3 sides and should allow for an adequate supply of light and air to the adjacent properties and should not increase the danger of fire. Also, because the existing structure will not displace any of the required parking spaces, approval of this request should not create congestion in the public streets. 10. If it is found in criteria 8 and 9 above, that granting of the variation would not be detrimental or injurious to other property or improvements in the neighborhood, and it is Board of Adjustment Page 3 WA-99-19/Daubenspeck k3 also found that public health and safety, public facilities and surrounding property values would not be diminished or impaired, then, would the granting of the variance result in a benefit or contribution to the neighborhood or the community, as distinguished from an individual benefit on the part of the applicant, or would granting of the variance result in a reasonable accommodation of a person with disabilities? No. Approval of this request is neither a benefit for the community nor for the reasonable accommodation of a handicapped person. This request is based solely upon individual benefit. IV. STAFF'S CONCLUSION Upon review of the above information, staff concludes that although the existing structure was built without a permit and will be one of the first carport structures to be located within the designated front yard setback, approval of this request will allow for additional covered parking on a property that does not allow for much development opportunity. Also, because it was found that the existing structure will not impair the adequate supply of light and air, nor will be a detriment to the public's welfare, staff recommends approval of Case No. WA-99-19. V. RECOMMENDED MOTIONS OPTION A: "I move that Case No. WA-99-19, a request for approval of an I P front yard setback variance to the 30' front yard setback requirement for a property zoned Residential-One C and located at 8630 West 46' Avenue, be APPROVED for the following reasons: 1. Approval of this request will allow for additional covered parking on a property which does not provide much area for development alternatives. 2. Approval of this request should not impair the adequate supply of light and air to the adjacent properties. 3. Approval of this request should not alter the essential character of the locality. With the following condition: 1. The carport structure may never be enclosed, without further review and approval by the Wheat Ridge Board of Adjustment." OPTION B: "I move that Case No. WA-99-19, a request for approval of an 11' front yard setback variance to the 30' front yard setback requirement for a property zoned Residential-One C and located at 8630 West 46`h Avenue, be DENIED for the following reasons: 1. 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C/Z ~ . ;1 1 I n Q « N w C vN s a W F p d V rd v i . a O > i~7'' uV L V Q a v " c E v~ 7 k o v Q Q :n.n. :en m a i o G v .ti m w W x v v V k > u 7r ~ y « 1, v C k v u C`v > m" ' , d « A 4 a m° U. ro .vow 3 U c y F, x • 3 « oz %"i « Fv ° m b «wA m G 0 , , m P4 m O ' W « v m 0) U aEi c w z b N w O • ~ m 0 . w H b F DO °i Si . t P F EO C v a G C Ep CG ° ro w ° « N o m n 2f N H Y o az w X Oo ..0., v « 4 v m m rl m w ..C. d m a a a Q ¢ d ° ~ y tw/) to ~ ro m o Y 4> C a " Q 1 P i° X N C a cv 3 1A o 3~ v O O m U V1 v i (D 3 a ° 4 z ca 0 ) a cam' a 0 ca o U 9 ° k, o U y v O w = O a , 0 k V N m F O W tt F-j v F v A v v k A v v d m w X, C v c F 0 F Q U r F a z 3 vi z° x e s LAND USE CASE PROCESSING APPLICATION °F NHEgr /9 ti 9 Planning and Development Department o 7500 West 29th Avenue, Wheat Ridge, CO 80033 °otoRno° Phone(303)235-2846 °otoRno° ~T.. /JN~ -fjlJCY9 (Please print or type all information) 4 .P Applicant Address Phone a~ -o yes- %ND1Je844P,9 City Try ~.303~ z-o ? Owner A~CBNSV Address Phone City G io ~a Location of request (address) Type of action requested (check one or more of the actions li ste d below which pertain to your request.) ❑ Change of zone or zone conditions Variance / Waiver ❑ Site development plan approval Nonconforming use change ❑ Special Use Permit ❑ Flood plain special exception ❑ Conditional Use Permit ❑ Interpretation of Code ❑ Temporary Use, Buildings, Signs ❑ Lot line Adjustment ❑ Minor Subdivision (5 lots or less) ❑ Planned Building Group ❑ Subdivision (More than 5 lots) ❑ Street Vacation ❑ Preliminary ❑ Final / Detailed description of the request: Other: u~ e a.-.' i )"lot 1 46' Grtz-c . _ Fill out the followin information to the best of your knowledge. Current Zoning: " Size of Lot (acre r square footage): Current use: Proposed use: Assessors Parcel Number: I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power-of-atto ney from the owner which approved of this action on his behalf. Signature of Applicant ti 1~/rh- a ~ s ll! Subscribed and sworn tom this % day c 19 r Notary blic My commission expires 71- Date received Receipt No. / Case No. t014='91q- ,47 Related Case No. - Zoning L Quarter Section Map AIC-2~ TY JUL.19.1999 10:12AM N0.624 P.1 JANE ADAMS I'll W. 460` Avenue Wheat Ridge, CO 80033 July 19, 1999 The City of Wheat Ridge 7500 West 2901 Avenue Wheat Ridge, CO 80215 Attention: PLuBing Division RE: Case No. WA-9949 Address: 8630 W. 4e Avenue Recently I received the attached letter fro your department regarding a variance hearing for the above referenced property. I I live next door to this property and will d~ot be able to attend the JuIy 22 meeting. Therefore, I am submitting my comments in this letterE I have lived at 8650 W. 4& Avenue for three years and I was aware of the 30' setback as noted in my deed- When the carport was being built, I assumed a permit had been pulled and the variance noted or overlooked. I was M posed to find out that a permit had not been issued- i As far as the esthetics ofthe carport, I have no problem. My concern is that this will open the possibility for future variances. Also, theee must be a reason for the 30' setback on this side of the street; other houses in the area do not have such deep front yards- I would appreciate a copy of the findings from the July 22 meeting, if that is possible. Sincerely, i e Adams Attachment (1) NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge BOARD OF ADJUSTMENT on July 22,1999, at 7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: Case No. WA-99-19: An application for approval of a 11 foot front yard setback variance from the 30' front yard setback requirement to allow an existing attached carport on property located at 8630 W. 46t1 Avenue and zoned R-1C. Barbara Delgadillo, Recording Secretary ATTEST: Wanda Sang, City Clerk To be Published: Rocky Mountain News Date: July 6, 1999 Q\Kathy\BOATUBHRGS\ 1999\990722.wpd The City of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 Wheat 9Ridge June 30, 1999 Dear Property Owner: This is to inform you that Case No. WA-99-19 which is a request for an 11' front yard setback variance from the 30' front yard setback requirement. Said property is zoned R-1C, located at 8630 W. 46th Avenue and will be heard by the Wheat Ridge Board of Adjustment in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The meeting will be held on July 22, 1999, at 7:30 p.m. All owners and/or their representative of the parcel under consideration must be present at this hearing. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this hearing. If you have any questions or desire to review any plans, please contact the Planning Division at 235-2846. Thank you. Planning Division. 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